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DL—(N)04/0007/2003—15
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EXTRAORDINARY
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PART II — Section 2
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PUBLISHED BY AUTHORITY
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No. 24] NEW DELHI, WEDNESDAY, MAY 6, 2015/VAISAKHA 16, 1937 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
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The following Bill was introduced in Lok Sabha on 6th May, 2015:—
(i) in the Explanation I, for clause (a), the following clause shall be substituted,
namely:—
‘(a) ‘‘a cheque in the electronic form” means a cheque drawn in electronic
medium by using any computer resource and signed in a secure system with
digital signature (with or without biometrics signature) and asymmetric crypto
system or electronic signature, as the case may be;’;
(ii) after Explanation II, the following Explanation shall be inserted, namely:—
“Explanation III.—The expressions used in this section shall have the
same meanings as assigned to those expressions in the Information Technology
Act, 2000.”. 21 of 2000.
Amendment of 3. In the principal Act, section 142 shall be numbered as sub-section (1) thereof and
section 142. after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—
“(2) The offence under section 138 shall be inquired into and tried only by a
court within whose local jurisdiction the bank branch of the payee, where the payee
presents the cheque for payment, is situated.”.
Insertion of 4. In the principal Act, after section 142, the following section shall be inserted,
new section namely:—
142A.
Validation for ‘‘142A. (1) Notwithstanding anything contained in the Code of Criminal
transfer of Procedure, 1973 or any judgment, decree, order or directions of any court, all cases 2 of 1974.
pending cases.
arising out of section 138 which were pending in any court, whether filed before it, or
transferred to it, before the commencement of the Negotiable Instruments (Amendment)
Act, 2015, shall be transferred to the court having jurisdiction under sub-section (2)
of section 142 as if that sub-section had been in force at all material times.
(2) Notwithstanding anything contained in sub-section (2) of section 142 or
sub-section (1), where the payee or the holder in due course, as the case may be, has
filed a complaint against the drawer of a cheque in the court having jurisdiction under
sub-section (2) of section 142 or the case has been transferred to that court under
sub-section (1), all subsequent complaints arising out of section 138 against the same
drawer shall be filed before the same court irrespective of whether those cheques were
presented for payment within the territorial jurisdiction of that court.
(3) If, on the date of the commencement of the Negotiable Instruments
(Amendment) Act, 2015, more than one prosecution filed by the same person against
the same drawer of cheques is pending before different courts, upon the said fact
having been brought to the notice of the court, such court shall transfer the case to
the court having jurisdiction under sub-section (2) of section 142 before which the
first case was filed as if that sub-section had been in force at all material times.’’.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
(ii) stipulating that where a complaint has been filed against the drawer of
a cheque in the court having jurisdiction under the new scheme of jurisdiction,
all subsequent complaints arising out of section 138 of the said Act against the
same drawer shall be filed before the same court, irrespective of whether those
cheques were presented for payment within the territorial jurisdiction of that
court;
(iii) stipulating that if more than one prosecution is filed against the same
drawer of cheques before different courts, upon the said fact having been brought
to the notice of the court, the court shall transfer the case to the court having
jurisdiction as per the new scheme of jurisdiction; and
(iv) amending Explanation I under section 6 of the said Act relating to the
meaning of expression "a cheque in the electronic form", as the said meaning is
found to be deficient because it presumes drawing of a physical cheque, which
is not the objective in preparing "a cheque in the electronic form" and inserting
a new Explanation III in the said section giving reference of the expressions
contained in the Information Technology Act, 2000.
6. It is expected that the proposed amendments to the Negotiable Instruments
Act, 1881 would help in ensuring that a fair trial of cases under section 138 of the said
Act is conducted keeping in view the interests of the complainant by clarifying the
territorial jurisdiction for trying the cases for dishonour of cheques.
7. The Bill seeks to achieve the above objects.
ANNEXURE
EXTRACT FROM THE NEGOTIABLE INSTRUMENTS ACT, 1881
(26 OF 1881)
* * * * *
6. * * * * ‘‘Cheque’’.
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ANOOP MISHRA
Secretary General
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2015.
GMGIPMRND—930GI(S3)—08-05-2015.